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Poster: billbarstad Date: Apr 24, 2009 5:56am
Forum: feature_films Subject: Re: MORE TO COME

I'm confused. Doesn't Z. M. Productions' registration of 4/23/81 matter? Is it because the registration refers to a videocassette? Anyway, it's great that you're going to post it and defend it, need be!

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Apr 24, 2009 6:48am
Forum: feature_films Subject: Re: MORE TO COME

The ZM productions registration was a delayed initial registration. They didn't register the film in 1953 or 1954. Under the law, when a film was publishished with a valid copyright notice, it did not have to be registered with the copyright office to be protected, except to secure the extended term of copyright. Just having a notice protected the film for 28 years and registration was only necessary if you wanted to pursue copyright violators for damages. So, basically, a film could be registered for copyright any time up until and during the 28th year, but a renewal registration also had to be lodged by the end of the 28th year to secure the copyright for the extended term.

So, its a two step process for films published before 1964 with a notice but without a pre-publication registration. Firstly, there needed to be a registration filed before the end of the 28th year. Secondly, there needed to be a renewal registration filed before the end of the 28th year. ZM fulfilled step 1 but not step 2 and thus the film entered the public domain from 1 January 1982, eight months before Williams renewal lodgement.

Hope this explains it. It is not easy to get your head around the technicalities of registration and renewal.

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Poster: billbarstad Date: Apr 24, 2009 7:12am
Forum: feature_films Subject: Re: MORE TO COME

Thanks, it makes more sense now. I'm glad you're on-the-ball about these things, and a friend of the Archive!

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Poster: abisynthe Date: Nov 6, 2010 3:32am
Forum: feature_films Subject: Re: MORE TO COME

Quote: registration was only necessary if you wanted to pursue copyright violators for damages

That would be actual damages, no statute punitive damages. If I sue you for a kleenex, I will pay the lawyer fees to win one cent.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 6, 2010 4:36am
Forum: feature_films Subject: Re: MORE TO COME

No, a timely registration was required to pursue statutory damages. It is still a feature of copyright law that in order to pursue federal statutory damages (and costs) a federal copyright registration must be filed. A copyright infringement case cannot be pursued without a registration because it acts as the only prima facie evidence of the copyright.

This post was modified by Video-Cellar on 2010-11-06 11:36:46

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Poster: abisynthe Date: Nov 6, 2010 10:34am
Forum: feature_films Subject: Re: MORE TO COME

For works prior to 1989.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 6, 2010 4:45pm
Forum: feature_films Subject: Re: MORE TO COME

No, registration of US works and Non-Berne foreign works is still currently required to pursue court action in the US. Timely registration (before publication or within three months of publication) is required to access the full range of rights and remedies.

From Copyright Office Circ- 1 Copyright Basics (Revised Aug 2010) -

"Copyright Registration
In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration.
Among these advantages are the following:
• Registration establishes a public record of the copyright claim.
• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U. S. Customs and Border Protection website at www.cbp.gov/."

The full circular is available here

This post was modified by Video-Cellar on 2010-11-06 23:45:32

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